Legal

The courts will enforce an adjudicator’s decision even if it is wrong, whether in relation to the facts or the law. As the courts have stated: “The task of the adjudicator is not to act as arbitrator or judge... The need to have the “right” answer has been subordinated to…

Preparations for the 2020 Football World Cup in Qatar were hit last month when contractors announced plans to launch an independent inquiry into the death of a British man who fell while working on a stadium in Doha. Zac Cox died in January 2017 after falling 130 ft from a…

The Court of Appeal has in the recent case of Triple Point Technology Inc v PTT Public Co Ltd (Triple Point) handed down judgment to clarify the law on whether an employer can recover liquidated ascertained damages (LADs) after termination of a contract. The good news, if you are a…

On 15 April, a huge fire lasting for about 15 hours broke out in the medieval Notre Dame Cathedral, causing extensive damage that provoked a big, emotive international response. While the exact cause of the fire has yet to be conclusively determined, it has been linked to the extensive renovation…

Flaws in the construction procurement process may trigger unfair practices, so contractors must be aware of their legal options. Bechtel’s legal claim against HS2 over the award of a contract to build Old Oak Common station is one of a long line of issues that question the integrity of the…

In my article in February 2019, I discussed the case of Mears Limited v Costplan Services (South East) Limited (1) Plymouth (Notte Street) Limited (2) and JR Pickstock Limited (3): [2018] EWHC 3363 (TCC). Mears sought four declarations, all with the aim of essentially negating the practical completion certificate. The…

Significant changes to VAT accounting are on the way for construction firms, but are they ready to comply?  Currently, suppliers of construction services are responsible for paying VAT to HMRC, but from 1 October 2019, a VAT reverse charge will apply in the UK, meaning it will be up to the…

The Sentencing Council has recently assessed the impact and implementation of its Health and Safety Offences, Corporate Manslaughter and Food Safety and Hygiene Offences Definitive Guideline, which came into force on 1 February 2016.

Considerable changes to the VAT treatment of supplies in the construction industry will be introduced with effect from 1 October 2019, which will have significant cost implications for businesses.

The news that Brexit could be delayed until Halloween has alleviated one headache for those sitting in construction boardrooms across the country. But another looms in shape of a new Pensions Bill. Defined-benefit (ie, salary-related) pension schemes have attracted a huge amount of overdue attention in the construction sector following…